SARASWATI SETH Vs. SECRETARY, MAAKATADAGANDA F.M.S.

JUDGEMENT

(1.) Both the appeals are directed against the judgment of the learned M.A.C.T., Phulbani dtd. 8/12/2008 passed in M.A.C. No.115 of 2003, wherein compensation to the tune of Rs.59,500.00 along with interest @6% per annum has been granted in favour of the claimants.

(2.) The claimants are the wife and three sons of the deceased. Their case is that the deceased was serving as a Peon in Pairaju Gram Panchayat and on the date of accident he was travelling with 27 bags of Government paddy in the offending vehicle i.e., the Tractor and Trolley bearing Registration No.OR-12-1833 and OR-12-1834. The deceased fell down from the vehicle due to rash and negligent driving of the driver and died at the spot. Initially, F.I.R. was lodged in Gochhapada P.S.Case No.42 dtd. 31/12/1996 alleging the murder of the deceased, which was subsequently negatived by the concerned Criminal Court with the finding that the deceased died due to motor vehicular accident.

(3.) The Tribunal upon adjudication of the claim directed the Insurer i.e., New India Assurance Co. Ltd. to indemnify the compensation amount for the owner.